Buzz
During the period of applying the 2005 Bidding Law, this legal document gradually revealed certain limitations, no longer suitable for practical situations. That's the reason for the emergence of the latest 2013 Bidding Law, currently in effect.
Bidding Law No. 43/2013/QH13, Scope, regulated subjects, and latest content
1. Overview of the Latest 2023 Bidding Law.
2. Basic Content of the Bidding Law.
* Download the 2013 Bidding Law HERE
1. Overview of the Latest 2023 Bidding Law
- Law No.: 43/2013/QH13 Bidding Law effective from July 1, 2014, replacing the 2005 Bidding Law, amended in 2009 (Law amending and supplementing some articles of laws related to basic construction investment).
- The 2013 Bidding Law is structured into 13 Chapters with 96 Articles.
- Applicable entities: Organizations, individuals participating/related to bidding activities; Organizations, individuals not engaged in bidding activities within the regulated scope but chosen to apply according to the provisions of the Bidding Law.
- Associated with the Bidding Law are Decree No. 63/2014/ND-CP guiding the Bidding Law on contractor selection and Decree No. 25/2020/ND-CP guiding the Bidding Law on investor selection.
- The 2013 Bidding Law has many new changes compared to the 2005 Bidding Law.
In the document from the Ministry of Planning and Investment sent to competent authorities, numbered 3975/BKHĐT-QLĐT dated June 15, 2022, the Ministry of Planning and Investment proposed feedback on the Draft Amendment to the Bidding Law, indicating that there will be a trend to amend the Bidding Law No. 43/2013/QH13 in the near future.
Note: Bidding and Auction are two activities with different natures, wherein: Auction is regulated by the Auction of Assets Law; bidding activities are regulated by the Bidding Law.
The main contents of the 2013 Bidding Law
2. Basic Content of the 2013 Bidding Law
To participate in the bidding process, contractors need to understand the following 06 basic points as stipulated in the Bidding Law:
- Forms of selecting contractors, investors in Section 1, Chapter II.
+ Open bidding
+ Restricted bidding
+ Direct appointment
+ Competitive bidding
+ Direct procurement
+ Self-execution
For each form, the law specifies specific conditions in the field of bidding packages, requirements for investment decisions, approvals, capital requirements, estimates,... to ensure the selection of contractors, investors with genuine capabilities.
- Regulations on bid evaluation, approval in Articles 42, 43.
+ Article 42 specifies the approval process for consulting service bidding. It outlines specific conditions for consulting contractors, both organizations and individuals: requirements for documentation, technical proposals, bid prices, correction of discrepancies, etc.
+ Article 43 sets forth conditions for winning bids in non-consulting service bidding, procurement of goods, construction, and mixed services.
- Regulations on contracts with contractors in Section 1, Chapter 8.
Accordingly, the law provides specific provisions on types of contracts, contract documents, as well as conditions for contract signing, contents regarding enforcement and adjustment of contracts, etc.
- Contractor selection procedures in Article 38, online contractor selection in Chapter 7.
- Prohibited behaviors in bidding in Article 89 include:
+ Offering, receiving, brokering bribes.
+ Misusing authority to unlawfully intervene in bidding activities.
+ Collusion.
+ Fraud.
+ Impeding.
+ Failing to ensure fairness, transparency.
+ Disclosing, receiving documents (as prescribed by law) during contractor, investor selection process.
+ Subcontracting.
+ Organizing contractor selection when the funding source for the package is not determined leading to contractors' capital backlog.
From a state management perspective, the Bidding Law holds significant importance in rational state fund usage, combating corruption in bidding activities, and facilitating participation of organizations in bidding.
We hope our insights here will provide readers with basic understanding of legal normative documents in general, particularly the Bidding Law. Next, for further information on other laws such as: Auction of Assets Law, Civil Servant Law, Public Investment Law,... constantly updated by Mytour.
